The Sun. — London, England, 1818-03-18 00:00:00

ZAW INTELLIGENCE:, :OURT OF CHANCERY, MARCH 17. 1.48 FR/NCESS OF WALES V. THE EXECUTORS OF THE DUKE OF BRUNswICK. The LoID CHANCELLOR, Shortly after be had filtered the Court, stated, that lie had read the Affidavit which had been handed up to him on Sa ;Way by the Learned Counsel for the defendants. It w as enough at present to say, that in his pi that a ffid av i t laid a sufficient ground for o the : P i' q uetion o f t h e instruments sought for. The I " e ndants, he conceived had a right to say , a f ter to put this affidavit, "W e are not o b liged put iu Our answer to the Bill until these doeu - "Ns are produced." With regatd to the r e q uest the plaintiff for further time, previous to the production of the instruments, as far as regarded the importance of the affidavit, his Lordship had " objection to its being granted, with the under "aniling that the defendant should have an in :PTion of th e i nstruments alluded to previous rßosw er to the Bill. As to the motion for t ime on th e part of the defendant, he had no objectio n to that either. Sir S. RoMILLY asked to what motion his Lord ship alluded . The LORD CHANCELLOR replied, that the mo tion lie meant Was that of the defendants, for a fortnight's time after the production of the instru ments, Sir S. RottILLY observed, that the order was 1111 Perativ e to produce the instrumen , s, but it was hot the intention of his Lordship to compel the klmediale producti on o f t h em. The Loan C HANCELLOR.—CertainIy not, Sir I did not mean that any specific time I "id be fi xe d for the production of the instill ' eril s• - All t h at I w i sh is this—that the defend -4— after they had an opportunity to inspect the k c ' el "-ent he s, sho u ld h ave a fortnight's time allowed m • - P revious to filing their answer. CHARGE OF CRIM. CON. •••,, 4(lItY COURT, SCOTLAND... MAEEH 14. in 'Thursd a y t h e C ourt proceeded to try the . e in the cause in which General hlathew fag .1'811r( of .0 b e the county of L anar k, ) pursuer, and James Bryson, surgeon, in was defender. This was the second pion of Crim. C on , ever tried before a Scottish' • 41 1. ~..The damages were laid at 10,0001. nature of the evidence in this case prevents • it: e from giving any account of it. 111 usage of an-d. introducing into the house natural children of the Pursuer's, was dwelt ii l l ° ll as matters-of aggravation and a ll ev i at i on o f • , i) ages. Th e act of adultery was positi ve ly de t(i) t(i) a nd rested s o l e l y upon ciretimstaniial proof. otimber of _witnesses were examined t or .r)th p ar ties, and th e J ury were charged by :Mr. 441s1CLERIC, for the detender, and by Mr. JEF kit,tilt, for the pursuer, in repltlly. l'h e •-"JUD e CHIEF CoMMISIMNER summed Op evidence and the Jury havi ng ret i re d out .4 Court at i :all-past five o ' c l oc k, yester d ay morn i ng, i,nNohtalf att li our, finding the c h arges i n was hailro by,a Proven. The verdict of th e J ur y crowded Court with the greatest • T here I hhtli ter e no l ess t h an 150 w i tnesses in at. ti t(' c e for the defence.—The defendant is mar -, to the sister of the p ursue r's wife. POLICE INTEL LWENCE, ---...,..-- „"tIiNEYMEN COACI-INLIKERS' COMBINATION. il now., STRer.T.--A most alarillii.4combimation of it journeymen employed in d ifferent branches the f t , .. I .11,8 trade, which are very litliner"S, has been 1,, '' ° lne time arrangin::, and principally conducted itt . ut te individ ua l . The fi rst case tinder these il :' k,.!,:k1 pro ceedings which has been detected to be . itNnizablO before a Magistrate, came on to be ittil ... Esq. -. )14 1 J-steruay before RICHARD BIRNIB, . If e ! ) Edward Sitte r wood, James Barnes the elder, iiilctil:r'cl Siac ' k, and John Want, were brought to th.."ce' by Lavender, and placed at the bar, )11, -. d with unlawfully leaving the employ of Lit t Irs• Payne and Wood, of Great Queen -street, . 0 , 4 , , -street, IV i n ' s-Iran-fields, coach lace - weavers, on ekit l 4i 5 1 51 , , s lay last, when they left their . work . unfi t} , and with being in combination t,ith 12 te r ~,Nt'ill."l l to act in a aimilar illegal manner. il "Iil lsof the included in the warrant, 11i, tt.,, d . , one olf% Nit y 4 ' an evidence. —He admitted taking a letter fr o m 1),, atrwood, the Prisoner, on WednetlAy last, . to t r o . L, 4 " th eir his and the other men's determination to 141 4 % I ttt f W ork. He asked Mr. Payne fo• a written answer .d ,tt 4 :,t, which Mr. P. due:hied to give. He observed t(ll of a i dill not know that the men had any glievances to 4, 4 %1 t i pf: if any existed, and that they Cams' to him, he 1 - , 1 fif...40 -. 1 1 ,"," them. He then left Mr. Payne, and they had 14,-xsl,4•raril of since—so that it was conellitletl thatdnion . •p l i ttlt,,,. l ° l a cinupliance with the conditions dictate d litkote v,,i.:nttlti be accepted by the men. ifik;`tit44°,rer Silverwood, who has been the leader . and ,. itl r. t i ) 4i t d itpoit all these proceeding, addressed the . Al,tio . s li kt a „;'lley ,iicited a postponement of the examination ti e.h'eslr;fie-,4141t1 lie pro - cured to atte nd for them, which the Ni el Oft, e glet:d to do for an hour. :. Ai bulls , 14, as crowded with journeymen employed in the )4, r. )4 business. A. 41 l Of l i re in,“,,, the coachmaker, of Holborn, the Chair ' e'' l Y iii,i" s e i ass t,, of master- coact . iinaker . s, who have, ~,,..4,j. . nee the combination of the jouriit)men w as dis -I.:)ati,,i;il."4s present, also Mr. Howe, and other master 4 11,: t , Es t , fth . '''cY corning to the O ffi ce, he had a consultation 4 4 4 , Prisoners and th eir friends. The prisoners were af , knit e t, s Placed at th e bar again, when their behaviour was ‘..!. ' Niro I , H ged, and limy ack-nowledged their guilt, and the ..,01..pti,tety of tlieir condut. vti„7ll" s'litl, he should only agree to withdraw his pro m, ut cotiditiim of their agreeing to return to their work 41: 1 . 4 loss of time, which the pristMers agreed to do. lir,),±lla!;istrate addressed the prisoners, and told them the 11,,,117-.1.1y0t bad acte,l with a deal of lenity and mercy towards tiz., ) , :, it , tvas glud they had conducted themselves in the Voii„,7l-3' hitit b t en advised by their Counsel, Mr. Alley, ,0.:11. tio!ftnibt mas the best that could be p,-i ven them, and .i iii i i, ,liniltir est ape would he a warning to them not to enter 41 ,i.ll,tr pri.ceedings in futim.. ti„ . t ),i_ dyne said, ile hail been informed they had all bound ,1-..lll..tulvies by at. oath to forfeit 0 one pound note each if ,171.(1. ted.to woi Is without the whole. 114„' P " s ° ll ers all denied this, as well as all those who hi;( . d the office. No l ess 3 rt'F.NILE ROBBERS. ti a,l.,•:,,t!'an'sev,ll boys. the oldest not more than 14 years ~,,1 0.), i t rte charged -with cutting the windows of shops, and Nti.4,l)? hetn--two at the shop of Mr. ‘1 eiss, cutler, in the bii,„' ite five iii M. Parker's, iu Oxforei-street• Four _,,,t,d offenders w'r witted and three delivered ' to i . r i ~d v.. , L. e con: -.-.-...5...-'‘...''' '''' .-. ' ...............,.......,... _______.-...--.......,............. Ott 8, 1 . --- 71:4W;b . b.t.(laY., the 14th inst.pit Cheltenham, the Rev. Joseph 414 1 Cr o of towley•place, Devon, rector of Ellcsbut•ough 611 toil' nucks• j44"!tlikv lst, at his house, Capworth-street, Levton, *"1111 !Aka, ofJewry-street witte-tuerchantoge'd 78. DREADFUL ACCIDENT. Yesterday, between. one and two, as Mr. ELDER, jun. of Swallow -street, was driving, a spirited horse in a break, down the Haymarket, the animal-took fright, it is supposed, at some of the iron •work of the break, which, having become loose, made a loud rattling noise, and he in►me diately began kicking and plunging, in the most violent manner. The shafts of the carriage were almost instantly broken, and Mr. Elder and his servant thrown on the pavement. The horse finding himself disencwl!bered of the ve hicle, and terrified witl► the broken shafts, still hanging by his sides among the liarness, dashed on the foot pavement, where lie came in contact ►with Hill Dailey, Eq. of Ryder -street, and, shocking to relate, Mr. Dailey ►was thrown down, and so much injured, Cott he expired in a few minutes. The unfortunate gentleman was immediately carried into tl►e shop of Mr. Hudson, chemist, »ear the end of Manton -street, and was hied; but too late, he merely requested to be " raised up a little," and almost instantly ex pired. Mr. Elder was carried into the shop of Mr. Hastings, near the Theatre, and, having re ceived every necessary assistance, was after wards eonveyen home in a coach, and is not con sidered to be in a dangerous state. Atter Mr Darley was thrown down, the horse s ill con tinued his course down the foo•-path, throwing down several persons in his way, and though many persons attempted to stop hint, it was found impracticable passing, till over to the opposite ravernent in Cockspnr-stree , he tell, partly within the shop-door of Messrs. Dare and Stark, and he was then secured. The hody of Mr. Darley re mains at the house of Mr. Hudson, where the inquest will be held. Hr• was a gentleman of great notoriety in the sporting world, and had left his apartments in Ryder-street, St. James's-square, only a few minutes before this awful catastrophe. The injury which Caused his death was a com pression of the skull upon the brain, the back part of his head having fallen oil the corner or the area coping stone, belonging to Mr. Godfrey's house, the hatter, a few doors above Panton-street. , PRICE OF BULLION.-Portugal gold in coin, and foreign gold in bars, were yesterdny at 4/. Is. New dollars at ss. 5d., and silver in bars standard at ss. 4d. ALARM OF FMB —This morning, a few minutes before six o'clock, the inhabitants of Milford. place, Tottenham-court -road, were thrown into a considerable degree of alarm by the watchman springing his rattle, a tire beginning to make its appearance in a chimney there, on which the neighbours were immediately On the spot, the en gines also, and being. well supplitd with plenty of water it was prevented doing tiny material damage At one time several of the iohabitatits were on the eve of beginning to move ►off their uornis, fearful of the dreadful const quences it seemed at one pertotl to threaten. Much praise is due to the watchman for his activity. ANOTHER MußDEit:—Anta week ago, as a man named H• nry. Gill, enri , loyed as a waggoner by Mr. Gl , rver, o f Mitcham, was passing over Mitcham Common, with a Wag Eon .loadm w i t h three casks of tobacco. on his way . to. London, he was attacked by two men, who knocked him down before -e had time to put himself on the de fensive : while be was on the ground they beat and kicked him until he was insensible, and, as they supposed, dead, when they robbed . biro of all the money he had about his person, amounting to only eight shillings. The villains expected to find a booty in the waggon, but they were de ceived; the casks of 'ohacco were not sufficiently portable for their purpose, They decamped with the paltry sum, leaving the man for dead. He lay on the ground 'or a considerable time, when a roan came up, and seeing his condition went for assistance, and they put the poor fellow in the waggon, and conveyed him to the Windmill public-house. Clapham, where medical assistance was procured, and it was found that several ribs and his collaf-hone were' hr.ken, and that he hart sustained very violent internal injuries by the kicks he had received.. He was from thence con veyed home to his family at Moreden, where he ingered in great agony until Sunday last, when he died from the effects of the inhuman treatment of the midnight marauders. SUICIDEC—An Inquisition was taken on Mon day nigh , , at St. Thomas's Hospital, on the body Of THOMAS SPREAD3OIIOUGH, wlio was found on Thursday night last with his throat cut in a most shocking manner. It appeared from the evi dence of the deceased's wife, and also his late em ployer, that he had been I,,tely in a very de sponding state of mind. During his fits of de spondency he used to be lamenting that he was in existence, for he was certain that he should come to poverty ;and want. On Thursday night last he left his home, and was found a short time after in Ship-lane, Airalcot-place, Lambeth, near the house of T. Evance, Esq., a Magis trate of Union Hall, with his...throat cut with a knife, which remained in his right hand. He was carried to St.Thomas's Hospital, and died on Monday morning, at six o'clock.—Verdict—ltt- Yesterday morning Frede►ic Rimer, a prisoner in the New Prison, Clerkenwell, was found dead with his throat cut in a horrible manner. He had in his possession upwards of a hundred pounds in guineas and Bank-notes. HIGHWAY RossettY...--On Monday evening, between seven and eight o'clock, as Mr. Waters, of the Commercial Docks, Rotherhithe, was passing along the Kent-road, near the Blue Anchor, he was attacked by three men, one of whom having passed him, turned suddenly round and placed his hands tigl►t over Mr. Waters's eyes, the others immediately laid hold of him. and with horrid threats and imprecations de manded his watch and money; he hesitated to deliver up his property, when they threw him down and kicked and beat him in a most inhuman manner, and finally succeeded in robbing him of his watch, ISS. and his bat, with which they ef fected their escape. PARLIAMENT. - HOUSE OF LORDS, TUBSDAY:MARCIT 17. • • The Royal Assent was notified by Contruitsiop to the Mutiny Bill, the Mutiny Act Miit;ilie Bill, the Royal Marine Mutiny Bill, the Indemnity Bill, the West India Wen - inky Bill, the Office Indemnity Bill,. the Madder Duties Bill,. and others, in all 33. The Commissioners were the Lord Chancel lor, the Eral of Shaftesbury, and Lord Viscount Melville. A private Bill was brought vp from the House of Co►nn►nns, by Lord Lascelles and other Mem bers, and read a first time. The Bath Gas Light Bill was, on the moti on of the Earl of RossLYN, read a second time, and ordered to be committed. The Marquis or I,4tsistiowlya presented a Pvti tion, numerously signed, from Bath ; and com prising, his Lordship stated, the signatures of most Of the respectable inhabitants in favour of the Bill, is - hich was ordered to be referred to the Committee. His Lordship also presented a Petition from Malden, in favour of the Chimney Sweepers' Re gulation Bill, which was ordered to be referred to the Committee on that Biil. The Scots Aqua Vitae Licenses Bill was read a third time and passed. The Greenland Fishery Oaths Bill was read a second time, the commitment negatived, and the Bill ordered to he read a third time to-morrow. Adjourned till to-morrow (this day). HOUSE OF COMMONS. The Speaker communicated to the House th9t the Royal Asse►it had been given to certain Bills (vide Lords). Sir JAMES SHAW presented a petition from the Debtors confined in the New Prison in the City, praying the ex tension of the same privileges as to the day-rules, It 9 were now enjoyed by prisoners confined for debt in the King's Bench and Fleet. Ordered to be referred to the Committee on Prisons. The Coal and Culrn, and Irish Cork Duty Bills were read a first time, and ordered for a second reading to-morrow. 'File Report on the Longitude and Northern Passage Dis covery Bill was brought up.—Ordered to be read a third time to-morrow. REFORM AND RETRENCHMENT. Mr. LAMBTON presented a petition from the inhabitants of Newcastle-upon-Ty ne against Sin ecures , E xtravagant Pensions, and in f avour of Parliamentary Reform.—Ordered to lie on the Table. Mr. Alderman WOOD presented a petition from Rochdale for a Reform in Parliament, and the Impeachment of his Majesty's Ministers.—Ordered to lie on the Table, and to be printed. Sir F. BURDETT presented petitions from certain inhabi tants of St. Matthew's, Bethnal-green, Ashton-under-Line, and about 20 other , places, in favour of Parliamentary Re form.—Ordered to lie on the Table. On the motion of 'Mr. Alderman ATKINS, the House re solved into a Committee, to take into consideration the Peti tions against Mock Auctions, when certain Resolutions were agreed to. The House resumed. Mr. 1.1"1 - TELT6Nsaid, he rose to give notice of a mo tion, but be first wished to learn from the Noble Lord oppo site (Lord Palmerston), whether, as' was reported, the circu lar to which he had on .a former night alluded to, respecting the Pensions of the Widows of Officers, had been suppressed or not? On his answer would depend whether he should pro ceed to give his notice. Lord i'ALMERSTON. answered, that the order had not been circulated, as the subject to which it.referred was yet under consideration. Mr. LYTTELTON replied, that under such circumstances, it was his intention, on Thursday, the 2d of April next, to move an Address to his Royal Highness the Prince Regent on that subject. Sir F.BURDETT gave notice, that soon after the holidays he would move that the petition of Scholes, lately presented, should be referred to a Commiittee. VISITING STATE PRISONS. Lord FOLKESTONE rose, pursuant to his notice, to submit to the House a motion for leave to bring in a Bill•rela'ive to the Act of 31 Geo. 111. on the subject of the power of Magistrates to visit Common or County Gaols. He was surprised that any opposition was to be made to his u►o tion. At least he thought be might he allowed to bring in the Bill. If it was found that the ob jections to it could not he removed in the progress of the Bi surely, it would b e time enough to reject it. He referred to the late case tried at the Assizes for the county of Berks, in which he was concerned, where the verdict of the Jury was in favour of the Gaoler, who had refused to allow him to visit the Gaol, as a Magistrate. In al luding to this case he could not refrain from men tioning that an extreme partiality was manifested against him by tl►e Judge. With whatever cause he went into a Court of Justice, lie was now con• vinced that if the case were ever so strong in his favour, it he was opposed to his Majes'y's Mi nisters, he had no chance of success. The sum ming up of the evidence, in the case lie alluded to, was such that the Judge did not mention in it one case or argument against the Gaoler. He was aware that the Honourable and Learned Gentleman opposite was in possession of *a copy of the summing up of the Judge, so that there would be an opportunity of sliming whether he (Lord, F.) was wrong. The indictment was laid on the Act 31 George 111. entitled " Au Act for the—better •regulating of Gaols and other places of confinement." The preamble of the Act contained a passage which was by no means equi vocal, the words being " and for preventing all abuses as well in common gaols," &c., which skewed that common and county gaols were in contemplation of the Act. The 15th clause, which referred to the gaoler's fees, mentioned hint as a Sheriff's officer. The I ith clause too was to the same effect. The whole• question on which the case turned was, whether the - Act in question referred to common and county gaols. He submitted, that from the passages which be had mentioned, it was clear these common and county gaols were within the purview of the Act. —But at the very most it was doubtful whether common and county gaols were not included ,in the operation of it. - The Act of 24 Geo. 11. was quite sufficient to authorise Magistrates to visit houses of correction ; so that if houses of cor rection alone were the objects of the Act 31 Geo. 111. that Act was mere surplusage. In the trial of his case, it was attempted to be proved that the usage was, in cases of treason, that visita tion did not extend to prisoner's committed for that offence. The ground for this was the words in the warrant '' safe and close custody." But he denied that these'words had any such mean ing. Dalton and Bacon's Abridgment proved that these words might be inserted in a warrant for a committal for any other offence as well as treason. He also quoted the authority of Lord Coke in 13u1strode's Reports to this effect. He coticluded,by moving for " Leave to bring in a Bill to remove doubts whether 'Magiatrates •have the•poWerto visit Gaols, nor liei4 P‘'ilitentiary Honses'Or Houses of Correction." The ATTORNEy-GENERAt -said, that the Noble Lord had thought fit in his speech to introduce an imputation-agsiost a Most: respectable Judicial Ck.aracter, in a way that was certainly new in that _House, and which could not be allotted t o p as s -without sante animadversion. %Mt had s a il ers from the Noble Lard amounted to no less than a charge ofpartialitysagainst the Judge before whom the case of the - Noble.. Lord and the gaoler of Reading gaol had been tried. A charge of this kind implied all that 'Was most base and revolting.. It amounted to no less than this . , that a man sworn to adtninister the law with jiistice and impar tiality, had lent himself, for some purpose of poli tical or private enmity, to be partial and unjust in his judicial character. He was stair' iced that the Noble Lord should have introduced such a charge on this occasion. He had ity,his posses sion an account of all that had taken place on the trial in question : and fee must say, that there could not be a more patient and laborious erten. tion than that which the Learned Judge alluded to bad bestowed on the able and ingenious, but falla cious speech of the Counsel . for'the - Noble Lot d, as well as to the evidence which was brought for ward on the part of the. Noble Lord, some of which evidence, he must say, was of the mt,St ex traordinary kind.—(Hear !)—At the sante time the same attention was bestowed on the caie of the defendant—an attention which the Judge was bound to skew, whether the individual had been arraigned at the instance of the Noble Lord, or of any other person whatever ; but if there was any one case in which more titan another the Judge Was bound to attend to the case of a defendant-- if ever there was a defendant who haft a sarong claim upon the attention of the Bench, it was the defendant in the case alluded to, who had been twice condemned and punkhed by the Noble Lord before he was put upon his trial, —(Loud cries of hear, bear, hear !)—SuCh was the case of this defendant. And when the Noble Lord came and made a charge of par tiality against the Judge, let him not be too sure that his own conduct towards this man had been fair or just.—(Hear, hear!)—What could the Noble Lord say for his own conduct when he and the other Magistrates voted this man guilty, and punished him as guilty without trial?-'1 he si tuation of this man, in respect to the offence of which be was accused, was one of singular hard ship : on the one han:l he was pressed by a party of the Magistrates, on the other hand he was re strained by the positive orders of the She, iff. And ' yet thiS man, thus situated —thus punished while yet untried—this man, with respect to whosechas • racter lie would put it to the Noble Lord, or any other Magistrate of the Cotinty of Becks, to say whether any one had ever held his situation and perforMed its duties in a way that more.drserved the approbation of his superiors, the respect of his equals, and the gratitude of the persons under his charge,—this man was put upon his trial at the instance 'of the Noble Lord ; and because he was acquitted the Bench was accused of partiality. There was no partiality. If he were to venture to .find fault with any thing in the conduct of the Learned Judge, it would be that he had not stated the law against the Noble Lord and the prosecutions as it ought to have been stated.—(Het!)—Frotn the statement ma d e to t h e H ouse by theMoble Lord it was made to appear as if the question to be de cided by the trial was, whether Magistrates had a right to enter jails for the purpose of visiting. That was not the question. The Noble Lord was not refused access to visit the jail, and lie was expressly told by the defendant that he might visit the jail as often as he pleased. But the Noble Lord's object was very different—his ob. jest was not to visit the jails, but to comMunicate with State Prisoners. Though the Act of the 31st Geo. 111. was badly constructed, there was no doubt that it gave Magistrates the power to visit jails. But though be admitted this, he denied that the man in question ought have been convicted. The jails are the property of the King by the Common Law, and recognized as such by the Statures. In the reign of 'Ed ward 111. an Act was passed to restore the Common Law ; and another Act of Henry VII. on the same subject, both of which Acts recognised the jails as being the King's, awl that the Sheriff shotsid appoint the keepers. Yet, - best cause, forsooth, MagistrateS may visit jails, they are to have communications as often as 'they pleasc, and in such manner as they please, with any of the prisoners--debtors, felons, or traitors. To what consequences would this right of com munication lead ? It would beat down all the pre. cautions which the law had provided for the safe custody of State Prisoners. He denied in toto the exposition given by the Noble Lord of the words " site and close." • .in the year 1796 there was a committal by the Court of King's Bench for 'Treason, and the warrant rait—" That the Pri soner should be kept safe and close as to the Treason wherewith h e w a s ' c h arge d , an d safe as to all other charges." But even.on the Noble Lord's own statement, the Act allowed the Magistrates to visit the gaols, but not to visit the prisoners. If the Act gave an authority to visit State Pli soners, then be would think it his duty instantly to move that it be repealed. When the Noble Lord moved for leave to bring in a Bill to remove doubts, the real object was to give a right to Ma gistrates to visit prisoners, to destroy the super. intending power of the Sheriff, and the pre rogative of the Crown. As to the previous Statutes referred to by the , Noble Lord, the 14th George 11., &c. related solely to the power of Magistrates to repair or build gaols.— If the intention of the Bill moved for was to re move doubts as to the right. of Magistrates to visit gaols, it was unnecessary, for there was no doubt on the subject. •If the intention was to go one step further, it was going beyond tiwttavv, and (king that which would be most prejudical to the Stare ; therefore it must be opposed. Wi th • re spect to the case of the defendant in the action in which the Noble Lord was concerned, he would ask the NOble Lord whether the defendant had not offered to allow the Noble Lord to visit the prisoner, provided be would only converse OQ such and such subjects ?—(Lord Folkestone sig. lII' P